This week’s assigned course reading is Cefaratti v. Aranow.  This case was decided by the Connecticut State Supreme Court on June 14, 2016.  Why is this a landmark case in the State of Connecticut?  Prior to the court’s decision in Cefaratti, it was not settled law in Connecticut whether a hospital could be held liable for the acts of physicians under the theory of apparent agency.  The court does a good job describing the theory of apparent agency.  

You’ll learn from this week’s readings that the legal principle of respondaet superior has been long established.  This principle makes an employer responsible for the acts of its employees.  For example, if you are in a Home Depot store and are harmed as a result of an employee’s negligence, Home Depot (the corporation) will ultimately be responsible for resolving a negligence claim that you could bring against Home Depot.

Hospitals are complex organizations and often have a mix of employed and non-employed staff.  For example, nurses are often employed by the hospital.  Thus, when there is a negligence claim against a nurse, the hospital is ultimately responsible for that nurse’s actions.  Historically physicians were often not employed by hospitals.  They were private practitioners.  Physicians credentialed at the hosptial were permitted to use the hospital’s facilities and treat their patients there, but they were not employees.  

In Cefaratti, the plaintiff sought to hold the hospital liable for the actions of nonemployed physicians under a theory of apparent agency.  Again, the court does a nice job explaining the concept of apparent agency.  And, as you’ll see after reading Cefaratti, the court ultimately agreed with the plaintiff that the hospital should be liable for the acts of physicians, provided that the plaintiff could meet the test set forth by the court.

What are your thoughts about this?  Should hospitals be liable for the acts of nonemployed physicians?  Do you think the decision in Cefaratti strikes the right balance?

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